Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Having regard to Act No. 2013-354 of 24 April 2013 authorizing the approval of the agreement between the Government of the French Republic and the Government of the Republic of India on the distribution of intellectual property rights in agreements for the development of the peaceful uses of nuclear energy;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
Having regard to Decree No. 2011-147 of 3 February 2011 on the publication of the cooperation agreement between the Government of the French Republic and the Government of the Republic of India for the development of the peaceful uses of nuclear energy (two annexes), signed in Paris on 30 September 2008;
In light of Decree No. 2011-427 of 19 April 2011 on the publication of the agreement between the Government of the French Republic and the Government of the Republic of India on the protection of the confidential nature of technical data and information relating to cooperation in the peaceful uses of nuclear energy, signed in New Delhi on 6 December 2010,
Decrete:
The agreement between the Government of the French Republic and the Government of the Republic of India on the distribution of intellectual property rights in agreements for the development of the peaceful uses of nuclear energy, signed in New Delhi on 6 December 2010, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
AGREEMENT
ENTER THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF INDIA RELATING TO THE APPOINTMENT OF THE RIGHTS OF INTELLECTUAL PROPERTY IN THE AGREEMENTS FOR DEVELOPMENT OF THE PACIFIC USES OF NUCLEAR ENERGY, SIGNED TO NEW DELHILE 6
THE GOVERNMENT OF THE FRENCH REPUBLIC
AND
THE GOVERNMENT OF THE REPUBLIC OF INDIA
The following is called "Parties",
EN VERTU of Article 7 of "The Agreement on Cooperation between the Government of the French Republic and the Government of the Republic of India for the Development of the Peaceful Uses of Nuclear Energy" signed on 30 September 2008 (hereinafter referred to as "the Framework Agreement"), on the adequate protection of established intellectual property and information and technology transferred in accordance with the Framework Agreement,
CONSIDERING the Agreement between the Government of the French Republic and the Government of the Republic of India on the protection of the confidentiality of technical data and information concerning cooperation in the peaceful uses of nuclear energy as part of their civil nuclear cooperation of 6 December 2010;
RECORD OF the need to implement this Agreement so as not to affect the non-secure/protected activities of either Party and not to affect or hamper any other activity involving the use of nuclear materials, materials, equipment, components, information or technology and nuclear facilities that are not secure/protected, that are produced, acquired or developed by the Agreement
CONVENTS OF SUVISIONS:
Article 1
For the purposes of this Agreement:
1. The term "Intellectual property" has the meaning given to it by Article 2 of the constituent instrument of the World Intellectual Property Organization, signed in Stockholm on 14 July 1967.
2. The term "Implementation Agreement" refers to specific agreements, memorandums of understanding and contracts relating to scientific and technical exchanges and the provision of materials, nuclear materials, services or equipment, the establishment of facilities or the location and transfer of technologies in accordance with the Framework Agreement.
3. The term "Participant" means Parties themselves or any persons designated by the Parties that have entered into an Implementation Agreement.
4. The term "Common Outcomes" refers to the results of an Implementation Agreement, including information (as defined in Annex I to the Framework Agreement) that may be protected, including the resulting Intellectual Property.
5. The term "clean knowledge" refers to information and technologies in any form and in any kind, which may be protected, held or acquired prior to the entry into force of the Framework Agreement or the Agreements for Implementation or as a result of independent research conducted under the Framework Agreement or the Agreements for Implementation.
6. The term "Operation" refers to the use of the Results in research activities other than those conducted in accordance with the Arrangement of Implementation of which these Results are derived, or for the purpose of designing, creating and marketing a product or process, or creating and providing a service that implements these Results.
Article 2
1. Parties shall ensure the adequate and effective protection of the Common Results and their own knowledge provided in accordance with the Framework Agreement and the Implementation Agreements.
The Common Results are subject to the provisions of Articles 6 and 7 of this Agreement.
2. The Participants concerned shall mutually reinforce the Common Outcomes resulting from the work carried out in accordance with the Framework Agreement that may be protected and shall ensure, as soon as possible, the protection of Common Results in accordance with the provisions of Articles 6 and 7 of this Agreement.
To this end, the Parties undertake not to oppose the search by the Participants of a protection of the Results in States authorizing such protection.
Article 3
Unless otherwise expressly agreed between the Participants in the Implementation Agreements, the Specific Knowledge required for the implementation of the Framework Agreement or the Implementation Agreements and/or the Common Results Exploitation shall be treated as follows:
(i) Each Participant shall maintain its own Knowledge, which shall be treated as confidential information in accordance with Article 4 below.
(ii) Each Participant of a Party to an Implementation Agreement may, in accordance with its own laws, regulations and procedures, grant to the other Participants of the Implementation Agreement the right to use, in order to carry out their part of the work, the information or technology transferred in accordance with the Implementation Agreement. In the event of such a transfer, the Recipient Participant is not authorized to transfer this right unless expressly provided for in the Agreement. If granted, this right is granted on a fair and reasonable basis or on an exemption from royalties, in a manner determined by mutual agreement between the Participants in the Agreement.
(iii) Each Participant in an Implementation Agreement agrees to concede to the other Participants in the Implementation Agreement the right to transfer its own Knowledge to the extent that they are necessary for the Common Results Expo and to the extent that the Dealer Participant is free to concede it. This right is granted on a fair and reasonable basis or a waiver of royalties, in accordance with specified terms and conditions of mutual agreement between the Participants in the Agreement.
Article 4
Participants will be able to provide for the protection of confidential information and technologies provided by a Participant to another Participant in the implementation of the Framework Agreement.
Article 5
As part of the organization of conferences, meetings, symposia or in the case of a publication, the Participants of the Parties, on the basis of a prior written agreement between them, shall ensure the protection of the respective Knowledge and/or Common Results and respect for the provisions of Article 4 of this Agreement in respect of confidentiality. In particular, they ensure the articulation of the acquisition of adequate protections prior to the disclosure of Results. For this purpose, one of the Participants may request in writing to the other Participant to postpone the public disclosure of this information. This postponement should not exceed a reasonable period for the protection of rights.
Article 6
The Common Results obtained under the Implementation Agreements are governed by the provisions of the Implementation Agreements.
Article 7
1. Participants will promote effective use of Common Results.
2. The Parties, in accordance with their respective national legislation, will grant the Participants non-discriminatory treatment regarding the ownership, attribution and use of the Common Results.
3. Unless otherwise expressly agreed by the Participants in the Implementation Agreements:
(i) Each Participant will be free to transfer its own Knowledge to a third party.
(ii) Each Participant in an Application Agreement undertakes to concede to the other Participants in the Implementation Agreement a non-exclusive licence without right of sublicence on its own Knowledge or Common Results to the extent they are necessary for them to carry out their work under the said Agreement. This licence is granted as a royalty exemption.
(iii) Each Participant in an Application Agreement undertakes to concede to the other Participants in the Implementation Agreement a non-exclusive license without right of sublicence on its own Knowledge or Common Results to the extent they are necessary for the Common Results Explosion in accordance with the Implementation Agreement. This licence is granted on a fair and reasonable basis, mutually agreed between the Participants in the Agreement.
(iv) With respect to Common Outcomes, Participants will be required to develop a co-ownership regulation in the context of the applicable Agreement or prior to the commencement of operations for industrial and/or commercial purposes that determines the rights of use of these Common Results. The co-ownership instrument shall take into account the respective material, human, financial and intellectual contributions to the acquisition of the Intellectual Property of the Participants concerned, the benefits of exclusive and non-exclusive licences by territory or area of application, the conditions imposed by the respective national laws of the Parties or other factors deemed appropriate. If necessary, the co-ownership settlement may be amended by an agreement between the Participants.
If the Participants concerned fail to reach agreement on a co-ownership settlement within a maximum of six (6) months from the expiry date of the Agreement under which the Common Results have been developed, each participant concerned will be able to directly or indirectly utilize the Common Results worldwide, subject to remuneration from the Co-owner Participant. Each Member concerned shall notify the other Participant of their intention to invoke this clause before any commencement of operations for industrial and commercial purposes with a notice of at least two (2) months.
Each Participant will have a right of free use of the Common Results of which it is co-owner for research and development purposes.
Article 8
Disputes or disputes arising from the interpretation and application of this Agreement shall be settled amicably between the Participants concerned or, if necessary, between the Parties and their representatives or in accordance with the provisions of the Agreements.
Article 9
1. Each Party shall notify the other Party of the completion of the procedures required for the entry into force of this Agreement.
2. This Agreement shall enter into force on the date of receipt of the last notification and shall remain in force as long as the Framework Agreement is in force.
3. This Agreement may be amended at any time by a written agreement between the Parties. These amendments come into force in accordance with the terms of paragraph 1 of this article.
4. This Agreement may be denounced in writing by either Party with a notice of at least six (6) months notifying the other Party of its intention to terminate it.
5. The denunciation or expiry of this Agreement or of the Framework Agreement shall not affect the rights or obligations arising out of this Agreement and shall not affect the implementation of the action programmes undertaken for the implementation of the Framework Agreement or its Implementation Agreements, which shall continue until their end.
This Agreement is signed on 6 December 2010 in New Delhi in two original copies, in French, Hindi and English, each of the texts being equally authentic.
For the Government of the French Republic: Michèle Alliot-Marie
Minister of Foreign and European Affairs
For the Government of the Republic of India: Srikumar Banerjee
Secretary General of the Ministry of Atomic Energy
Done on December 29, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
